Man’s Failure to Appear for Sentencing in Sex Case Angers Judge

Dale Normand, the man accused of sexual misconduct by two teen-age girls, raised a judge’s ire Wednesday when he failed to show up for sentencing.

Robert Grimes, Normand’s attorney, argued that, since his client pleaded no contest to only one misdemeanor count of having unlawful sex with a minor, he was not required to be present for sentencing.

“I did not anticipate I would be sentencing in absentia. I do not intend to do so,” said Superior Court Judge Andrew G. Wagner, who appeared irritated by Normand’s absence.

Wagner then issued a bench warrant for Normand, 37, but ordered it held when he rescheduled sentencing for Tuesday. The judge also revoked Normand’s $50,000 bail.

Normand’s absence also angered Deputy Dist. Atty. Gregg McClain, who complained that “it appears that Mr. Normand is playing games again.” McClain reminded the judge that the charges against Normand were originally filed as felonies, until both sides plea-bargained to a single misdemeanor count.

Grimes argued that the law did not require Normand to appear for sentencing if he were convicted on a misdemeanor.

“He’s playing games. When he wants to show up, he shows up. When he doesn’t want to show up, he doesn’t,” McClain said after the hearing. “He wants to go back and tell people that he is in control and doesn’t have to come to court if he doesn’t want to. He’s wrong. The court has ultimate control.”

Arrest Warrant Issued

Meanwhile, it was learned Wednesday that Ohio officials have issued an arrest warrant for Normand, a Canadian. Earlier this year, officials from the Ohio Department of Commerce said that Normand was under investigation for selling unregulated and unlicensed securities in Ohio. Normand is charged with bilking 10 investors of at least $300,000 there.

San Diego vice officers began investigating Normand in April, 1988, when they received complaints from parents and young women. Police investigators were told that Normand was recruiting young women to appear in a movie that he was supposedly producing. In an interview last year, Normand said the movie was going to be “a cross between a James Bond thriller and Raiders of the Lost Ark.”

However, in August, 1988, an 18-year-old San Carlos woman charged that Normand lied about the movie. The woman obtained a restraining order against Normand, and in court documents alleged that “he used lies and deception to have sex with me.” However, no charges were brought against him in that case.

Earlier this year, criminal charges were brought against Normand by a Michigan teen-ager who was 17 when Normand invited her to San Diego to appear in a movie. She told authorities that Normand also promised her modeling jobs. The young woman eventually moved in with Normand and had sex with him on numerous occasions.

The charge of unlawful sex with a minor was brought against Normand because the Michigan teen-ager was a minor at the time, prosecutors said.

‘Rhetorical Question’

On Wednesday, Judge Wagner asked “a rhetorical question” about the plea bargain worked out between prosecutors and Normand’s attorney. “Am I not legally permitted to reject the plea bargain and make it a felony if I choose?” asked Wagner.

Prosecutor McClain agreed with Wagner, but Grimes said that, if Wagner rejected the plea bargain, Normand would have to withdraw his plea to the misdemeanor count.

During the hearing, Wagner displayed a stack of papers he received from the Michigan woman and her father. Wagner informed both sides that he “read all of them,” but did not say whether he will be influenced by them in sentencing Normand.